Legal Protection of Women as Victim of Domestic Violence

Wantu, Fence M; Sarson, Mohamad Taufiq Zulfikar

doi:10.15294/ijals.v1i2.36093

Cited by 4 publications

(3 citation statements)

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“…In addition, such law contains elements and systems of legal protection for victims by providing compensation, restitution, repatriation, and rehabilitation for victims. The perpetrator of the criminal act should provide compensation due to a criminal act committed against another person in terms of granting restitution rights for victims of criminal acts [9]. However, concerning a criminal act against the law but does not violate the rights of a person and therefore does not cause real harm, imprisonment is sufficient for the perpetrator.…”

Section: Resultsmentioning

confidence: 99%

Restitution Penalty Enforcement in Human Trafficking Criminal Cases

Pardede¹

2021

Proceedings From the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

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The implementation of restitution provided for victims of human trafficking still could not give the victims their rights. Most of them had no idea about restitution rights, even if they know about it, their requests for restitution were often rejected in the trial. In the Criminal Procedure Code, defendants' rights are above the rights of witnesses and victims. Hence, in every "due process", defendants have to be able to defend himself. As the result, victims and witnesses will be less-prioritized. This research employed normative legal method to obtain secondary data in the forms of primary, secondary and tertiary legal materials. Primary data supported the secondary data. It is found forced asset confiscation from the defendants of human trafficking can proceed starting from the investigation process. The confiscation can only be carried out by an investigator after obtaining a permit from the Chairman of the local District Court. However, in urgent situations, investigators may act on their own when it is not possible to obtain a permit in advance. After the asset confiscation is carried out, investigators are obliged to report to the Head of the District Court to obtain approval for the confiscation process. The legal basis for the confiscation is Article 1 point 16 of the Criminal Procedure Code, which states that confiscation is an act done by investigators to take over and or keep under control all movable or immovable, tangible or intangible objects as means of proof in investigation, prosecution and trial. When evidences have been collected, confiscation is the follow-up action to the investigation process.

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Section: Resultsmentioning

confidence: 99%

Restitution Penalty Enforcement in Human Trafficking Criminal Cases

Pardede¹

2021

Proceedings From the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

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“…Work or farming requires men to do it because of conditions that are considered stronger than women, so that all the work is more focused on men to do it. More and more advanced developments have resulted and not only affected agricultural or plantation businesses, patriarchal culture also occurs in customs in each region that prioritize and inform men (Wantu & Sarson, 2020) of everything compared to women, there is a perception or assumption that women it is weak to not be able to do heavy work, it is better to work lightly, taking care of her husband and also taking care of her children, cooking in the kitchen, nature is only limited to serving families and housewives.…”

Section: The Influence Of Patriarchal Culture On Women's Violencementioning

confidence: 99%

Violence against Women and Patriarkhi Culture in Indonesia

Eleanora

Supriyanto

2020

IJMMU

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One of the violations of human rights is violence experienced by women, where women are placed in a weak and vulnerable position with violence in terms of physical, psychological, economic and sexual violence. This violence results in women often undergoing unfavorable treatment and results in prolonged trauma due to acts carried out by men as holders of power and superior in life, as well as dominating both in the household, the economy and also politics. The existence of patriarchal culture which has existed for a long time and assumes that women indeed in their nature must serve their husbands and as successors to offspring result in women being unable to do anything, especially if coupled with the community's assumption that a woman as a weak person not required get an education which is high because it is labeled as a weak human being and this is what causes men to increasingly dominate the superior or power of women. The purpose of this study was to determine the relationship of patriarchal culture to violence experienced by women and efforts to combat violence caused by patriarchal culture. Method This study was conducted with normative research by examining the literature and legislation relating to the problem under study. The result is that a culture of patriarchy dominates the superiority of men to rule where woman can rule in life its aspects.

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“…At the operational level, the harbormaster, ship owner and skipper are the trident of shipping safety. 7 The three of them have roles and responsibilities as defined in the maritime affairs of the ship, which is explicitly regulated in article 1 paragraph (33) of Law No. 17 of 2008 which explains that shipworthiness is a condition of a ship that meets the requirements of ship security, crew members, cargo, health and welfare of crew and passengers as well as legal status of ships, security management and prevention of ship pollution, management of ship security to navigate certain waters.…”

Section: Introductionmentioning

confidence: 99%

A Legal Review of Sailing Approval Letter: Systems and Procedures

et al. 2021

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Every ship that is going to sail is required to have a sailing approval letter issued by the harbormaster as an effort to control the security and safety of shipping. This research is a normative-legal research using a statute, comparative and conceptual approaches.The results show that the harbormaster as a government official at the port carries out and supervises efforts to fulfill shipping safety and security as a government administrative action by issuing a state document in the form of a sailing approval letter through a system of procedures for issuing a sailing approval letter. This letter is given to every ship that will sail or leave the port by ensuring that the ship, crew and cargo have technically-administratively fulfilled all sailworthiness requirements. The compliance of all parties in implementing the procedure for the issuance of the sailing approval will lead to the achievement of safety and security in shipping.

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Legal Protection of Women as Victim of Domestic Violence

Cited by 4 publications

References 0 publications

Restitution Penalty Enforcement in Human Trafficking Criminal Cases

Restitution Penalty Enforcement in Human Trafficking Criminal Cases

Violence against Women and Patriarkhi Culture in Indonesia

A Legal Review of Sailing Approval Letter: Systems and Procedures

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